The research group's objective is to investigate the profound changes undergone by constitutional jurisdiction in Brazil and in comparative law. Due to the rise of constitutionalism in democratic societies in the 21st century, it is necessary to understand the role played by the Judiciary in protecting the Constitution, especially regarding the realization of fundamental rights, as well as the deliberative models used in this process. To this end, the decision-making instruments used by constitutional jurisdiction are moving away from the "negative legislator" paradigm formulated by Hans Kelsen, requiring constitutional theory to develop dogmatic models that, on the one hand, offer predictability and legal certainty through the establishment of judicial precedents and, on the other hand, allow for new forms of action by constitutional jurisdiction beyond the binomial of declaration of constitutionality or unconstitutionality.
